Attachment 13 - Additional Information from the Appellant, received November 2, 2021ATTACHMENT 13
https://www.codepublishing.com/CA/Palmdale/html/Palmdale16/Palmdale16130.html#16.130.020
We feel that Town staff have failed the residents of the Town of Los Gatos by not protecting ourproperty rights from developers who are using loopholes to get around formal subdivision of this landand CEQA review. Is our lot merger ordinance unenforceable because it's not written correctly? Therehas been ample opportunity by staff to address this, especially since neighbors of 11/15 Peralta Averaised this to the Town Attorney and Community Development Director in 2019. Do the DRC staffknow that one of their job responsibilities is to enforce lot mergers?
As a reminder, we are a general law city that operates under the general law of the state.https://www.calcities.org/docs/default-source/new-mayors-and-council-members-academy---session-material/06.-your-legal-powers-and-obligations.pdf?sfvrsn=469dcaf9_3
Finally please see the Woodside Town Council meeting from Jan 2021 mentioned in my email to MrSchultz below, and the requirements for complying with CEQA for minor lot line adjustments on landwith >20% slope. This makes absolute sense given the landslide risk of the 17200 Los Robles Wayproperty as submitted in the CEQA documentation, and using the common sense exemption to bypassCEQA is cheating the environment and wildlife out of their representation, especially given this landabuts Worcester Park, and is in a Wildland Urban Interface zone. Can it be said "with certainty" and"no probability" that there will be no impact by this Project which is not categorically exempt fromCEQA? Is it reasonably foreseeable that there will be a development on this property? I hope you allhad a chance to review the guidelines for complying with CEQA. Not all Lot Line adjustments areexempt.
Finally, let's take a look at the issues being raised by neighbors on the Bonnie Lane subdivisionapplication that are being given ample consideration by CDAC. All arguments neighbors of 17200 LosRobles way are concerned with.
https://www.losgatosca.gov/DocumentCenter/View/27478/03-10-21-Minutes---CDAC-Draft?bidId=
The Town of Los Gatos would be foolish to allow this lot line adjustment application to proceed basedon the land not meeting the criteria listed in our lot merger ordinance and SMA 66451.11, which isintended to safeguard our Town from the creation of new buildable parcels from non-buildable lots. Itwill open up the Town to legal challenges, and result in illegal use of the LLA procedure to make non-conforming parcels into conforming parcels. Given we are all currently talking about General Plan2040, this blatant disregard for the guidelines laid out in our Town Ordinance significantly reduces thecredibility of the Town in the eyes of the residents.
Sincerely,Alison and David Steer